HARVEY v. SYBASE, INC.

Nos. A109300, A111450.

76 Cal.Rptr.3d 54 (2008)

161 Cal.App.4th 1547

Marietta HARVEY, Plaintiff and Appellant, v. SYBASE, INC., Defendant and Appellant.

Court of Appeal of California, First District, Division Five.

April 18, 2008.


Attorney(s) appearing for the Case

Reed Smith LLP, Paul D. Fogel and Raymond A. Cardozo, San Francisco; Wilson Sonsini Goodrich & Rosati, Fred W. Alvarez and Troy A. Valdez, Palo Alto, for Defendant and Appellant.

Adams Nye Sinunu Bruni Becht, Bruce Nye, David J. Becht, Barbara R. Adams, San Francisco, and John Lee; Rosen, Bein & Asaro and Andrea G. Asaro, San Francisco, for Plaintiff and Appellant.


Certified for Partial Publication.*

SIMONS, J.

In this employment discrimination case, the same person who terminated plaintiff had previously hired and promoted her. Defendant, the employer, relies on several California and federal cases to argue that this "same actor" evidence compels a reversal of the trial court's denial of defendant's motion for judgment notwithstanding the verdict (JNOV) on the issue of liability. We conclude...

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